The Sometimes-Subtle Face of Age Bias
Over 40? Here’s what you need to know about age discrimination
“You’re not a good fit with our culture.”
“We need people with youthful energy running the organization.”
“We don’t have room for dinosaurs around here.”
These are all statements that could put anyone over a “certain age”
on notice that their job may not be all that secure.
Age discrimination can be one of the most-subtle forms of employment discrimination.
Older workers may have a vague sense that they’re being pushed aside,
but they may be unsure they would have enough evidence to prove it.
That’s why it’s important to know what the law says about age
discrimination – and what you should do if you believe you’ve
been a victim.
Protection begins at 40
Age Discrimination in Employment Act (ADEA) is the federal law that offers protection from age discrimination.
In general, this law applies to job applicants and employees who are over
the age of 40.
Most – but not all – employers must comply with the ADEA. For
example, some small companies may be exempt. Employers that must comply include:
- private employers with 20 or more employees
- the federal government
- state and local governments (including school districts)
- employment agencies
- labor organizations
Age discrimination may be perpetrated by a supervisor, a colleague, or
even a customer.
What the ADEA says
The ADEA is not all about failure-to-hire or termination. Rather, it offers
protection from age discrimination in a variety of ways.
The ADEA spells out that workers over 40 are protected from age discrimination
in regard to any term, condition, or privilege of employment. That may
include things such as compensation, benefits, assignments, and/or professional training.
The ADEA also offers protection from retaliation. That means that employees
who oppose age discrimination (that was either directed at themselves
or another worker) may not be “punished” for doing so.
Teasing or discrimination?
As with many aspects of the law, claims of age discrimination may contain
some gray areas.
For example, teasing or offhand comments about age may not necessarily
be considered evidence of age discrimination.
However, if those comments are offensive or harassing, then they may be
Equal Employment Opportunity Commission points out that unlawful discrimination is often characterized by a frequency
or severity that creates a hostile work environment, or when a person
over 40 suffers an adverse employment action.
What you need to know
Many states and municipalities have their own legislation dealing with
age discrimination. If you feel that you’ve been treated unlawfully
due to your age, it’s a good idea to speak to an attorney who’s
licensed to practice in your state.
Call or email us today to discuss your unique situation.